Savannah morning news. [volume] (Savannah) 1868-1887, 1887-02-09

] governments nave DGGn uthlL Will. 1 hOHt
questions appear to the United states govern
ment to stand upon higher ground and to be
determined in larger part, at least upon very
different construction, from those upon which
the courts of Nova Scotia must proceed IN the
pending litigation.
NOT DEALING WITH CANADA.
Mr.. Phelps then refers to Lord lddes-
leigh's comment upon his Mr.. PhelpsD
failure to reply to the arguments and
points IN controversy contained in the
report of the Canadian Minister of Ma
rine and Fisheries. On this point MIR.
Phelps saws in effect that the controversy
of The United States was with Great
Britain and not with Canada. and mas
much as Great Britain had declined to
discuss the question, pending trial in
Canada Of cases against sundry seized
vessels, be could have no discussion with
an officer of the Canadian government.
Mr.. Phelps then proceeds to say:
The United States government is not able
to concur in the favorable view taken by Lord
lddesleigh of The efforts of the Canadian gov
ernmenJ to ''promote friendly negotiation. :"
That the conduct of the government has been
directed to obtaining a revision Of the exist
ing treaty cannot be doubted. but its efforts
have been OF such a character as to preclude
the prospect of successful negotiation so long
as they continue, and to seriously endanger
the friendly relations between the Unlted
States ana Great Britain. Aside from the
question as to the right OF American vessels to
purchase bait in Canadian ports, such
construction has been given to the treaty
between the United States and Great Britain
as to amount almost to declaration of COM
Dlete non-intercouse. The usual comfy be-
tween nations has been refused in their cases,
and in one instance at least the ordinary Of
fees of humanity. The treaty OF friendship
and 8mity which, In return for very import
ant concessions by the United states TO Great
Britain reserved to American vessels certain
specific privileges, has been construed to eX-
Clude them from all other intercourse com
mon to civilized life and common to maritime
usages among nations not at war. as well a.
from the right to touch and trade accorded to
all other vessels, and, quite aside from any
| question arising from the construction OF the
treaty provisions OF the customs house acts
and regulations, have been Systematically en-
forced against American vessels for alleged
petty technical violations OF the legal
requirements in measure so unreasonable,
uuirle Nv ana unjust as 10 render the prlVl-
leges conferred by the treaty practically nu-
gratory. *** Since the receipt of Lord Iddes-
lgh's note, the United States government
has learned, with grave regret, that her
majesty's assent has been given to the act of
Parliament of Canada, passed at its late ses
sion, entitled san act further to amend the
act respecting fishing by foreign yes S."
by the provisions OF this act any foreign ship,
vessel or boat, whether engaged in hshng or
not, found within any harp II in Canada, or
within three marine miles of any Of
the coasts, bays or creeks OF Canada,
any of the officers or persons mentioned in
the act, her cargo searched and her master
examined on oath touching his cargo and
voyage. = 1t is in The act TO VIII Oh
tue one referred to is an amendment that is
| found in the provision to which drew atten-
tion in my note To Lord Iddesleigh, of Dec.
| ,, 1886. II Is quite unnecessary
| to point out what grave embarrassments may
| arise In the relations between the United
| states and Great Britain under such an ad -
ministratlon as IS reasonably TO be expected
| Of The extraordinary provisions of that act
and It's amendment, which 1t is not necessary
| at this time further to comment upon. IL
| will be for her majesty's government to de-
| termine how far its sanction and support
| Will be given to further proceedings such as
The United states government have now re-
Dcatedly complained of and have Just ground
| to apprehend may De continued by the Cana
| dian authorities. 1t was with an earnest de-
| sire of obviating the impending difficulty ana
| of preventing collisions ana disputes until
| such times as "a permanent unders anding be-
| tween the Two governments could he reached,
| that | suggested on the part OF the United
| states In my note to Lord lddesleIgh of sept.
| II, 1886, that an al interim construction of
| the terms of the treaty might be agreed on, to
be carried out by instructions to be
| given on both sides, without pre-
JUDGE to the ultimate claims OF
either and terminsbe at the pleasure
of either, In an interview | had the bOnor
to nave with his lordsmp IN which this sug-
| gestiOn was discussed. | derived the impres-
| sion that he regarded it with favor. An out
! line of such an arrangement was, therefore.
su jsequently prepared by the United States
government which, at the request of Lord
| lddeslelgh, was submitted to him. But lob -
| served, with some surprise, that in his note OF
Nov. 80 last his lordship refers
to this proposal made in nv note of
| Sept. ii as a proposition that her ma
| jesty's government would temporarily
abandon the exercise of the treaty rights
which they claim, and which they conceive to
be ndlsputable. In view Of the very grave
questions which exist as to the extent Of tnOre
rights, in respect to which the views Of the
United States government differ so widely
| from those insisted upon by her majesty's
| government, it dOeslnot seem to me an un-
reasonable proposal that the two
governments by temporary and mu-
| tual concession without prejudice
should endeavOr to reach some mutual
| ground of Ad interim cons ruction, by which
! the existing friendly relations may be pre-
served until some permanent treaty arrange
| ment may be made. These reasons why the
revision of the treaty Of 1913 could not now,
in the opinion Of the United States govern
ment, be hopefully undertaken. and which
are set forth IN my note 10 Lord IddcslIgh Of
| sept. y, have increased in force since that
note was written. / again respectfully com =
| mend the proposal above mentioned to the
| consideration OF her majesty's government.